United States v. Yates

ORR, Senior Judge:

The Government concedes that certain information provided to the convening authority by her staff judge advocate (SJA) in a memorandum, dated 11 December 1992, 5 days before the submission of the formal post-trial recommendation, and addressing the merits of the appellant’s request for clemency, contained adverse matter within the meaning of Rule for Courts-Martial (R.C.M.) 1107(b)(3)(B). That Rule states in pertinent part:

Before taking action the convening authority may consider ... (iii) Such other matters as the convening authority deems appropriate. However, if the…